W. Hiring of Teachers
In filling vacant positions in accordance with Clause 6.03 of the Provincial Collective Agreement, the following shall apply:
1. a) Positions for the subsequent school year that are known to be vacant by April 15, the school board shall accommodate transfer request(s) from teachers already employed in a permanent contract with the school board. If more than one teacher makes a request, all of whom are capable, preference shall be given to the teacher with the greatest seniority. [Nov/27/08] [JC Feb/09] [2009 BGM]
b) Notwithstanding a) above, in the event of a school closure or school restructuring, a teacher who is declared redundant and not reassigned in accordance with Clause 9.02, shall have priority, based upon seniority, subject to capability to perform the job function required, to vacant teaching positions and teaching positions held by junior teachers, in the following order of priority:
- within the community;
- within the nearest community, within the school district, where such a position exists. [Nov/27/08] [JC Feb/09] [2009 BGM]
2. Where it is determined by the school board that a teaching position within a school has become redundant, the senior teachers of that school shall be reassigned to the remaining positions within the school which they are capable of fulfilling. Subject to the requirement of capability, the teachers to be retained at the school shall be given priority, based on seniority in the following sequence:
a) tenured teachers;
b) teachers on a one-year probationary contract;
c) teachers on a two-year probationary contract; and
d) teachers on probationary contracts in accordance with Clause 7.05.
3. a) Subject to subsection 1. above, a teacher, who is not reassigned in accordance with subsection 2. above, shall have priority, based upon seniority, subject to capability to perform the job function required, to vacant teaching positions and teaching positions held by junior teachers, in the following order of priority:
- within the community;
- within the nearest community, within the school district, where such a position exists.
b) In determining which teachers are junior under subsection 3.a) above, the sequence of seniority referenced in subsections 2.a)-d), shall apply.
4. a) Subject to Clause 8.03 and subsection 1. above, a school board will not advertise any positions or hire any teachers until it has made every effort to place those teachers who have been laid off or who have been notified in writing that they are to be laid off.
b) Subject to Clause 9.04, the filling of vacancies in accordance with Clause 9.09(a) shall be in order of seniority.
5. a) Subject to subsection 1. above, a teacher who has not been reassigned in accordance with subsections 2. and 3. above and has been laid off and is still unemployed as a teacher, or still employed in less than a full time position, shall have priority, based upon seniority, subject to capability to perform the job function required, to vacant teaching positions which occur during the subsequent five (5) school years. It is the responsibility of teachers to inform the appropriate school boards prior to September 1 in each of the subsequent five (5) school years of their interest and availability to fill positions that become vacant on or after September 1.
b) Teachers in receipt of an offer in accordance with subsection 5.a) above shall reply within five (5) calendar days or it will be deemed to be rejected.
- Teachers who are laid off and are eligible for recall shall, subject to Clause 6.03, be given priority for replacement, term and substitute positions which are determined to be of more than one month’s duration; however, rejection of offers of such positions does not eliminate the teacher’s right to recall for available permanent positions.
- If the position(s) referenced in subsection 5.c)i) above is determined to be of at least one year’s duration, the filling of such position(s) shall be subject to subsection a) above.
d) A teacher whose position is declared redundant, and who accepts a term and/or replacement contract(s) for a subsequent school year (190 days) shall not have the period of recall under subsection (5)(c)(i) terminated until five (5) years following the period of time employed on a term and/or replacement contract(s) has expired.
6. Subject to Article 9 and subsection 1. above, in filling vacant positions in accordance with Clause 6.03, the board shall:
a) give priority to transfer requests from teachers already employed in a permanent contract with the board. [Nov/27/08] [JC Feb/09] [2009 BGM]
b) subject to Clause 6.12 (a), give preference in hiring to teachers who have served in replacement, term, and/or substitute position(s) with the board before teachers with no previous teaching experience with the board is considered.
7. a) The basic criterion for the selection of teachers shall be seniority, subject to competence, capability, and qualifications to perform the job functions required.
b) If the seniority of two (2) or more teachers as defined in Clause 9.01 (a) of the Provincial Collective Agreement is equal, the teacher to be selected shall be determined by the school board. [June/8-9/01] [JC Nov/01] [2003 BGM]